NORTH CAROLINA

REGISTER

VOLUME 23 ● ISSUE 17 ● Pages 1730 - 1860

March 2, 2009

I.  EXECUTIVE ORDERS

Executive Order No. 6 1730 – 1732

II.  IN ADDITION

Brownfields Property – Canac Kitchens U.S. Limited 1733

Notice of Public Meetings – Kerr Lake Regional Water System 1734 – 1735

Narrow Therapeutic Index of Drugs 1736

III. PROPOSED RULES

Environment and Natural Resources, Department of

Environmental Management Commission 1737 – 1740

Wildlife Resources Commission 1740 – 1741

IV. APPROVED RULES 1742 – 1840

Agriculture and Consumer Services, Department of

Agriculture, Board of

Environment and Natural Resources, Department of

Coastal Resources Commission

Environmental Management Commission

Marine Fisheries Commission

Health and Human Services, Department of

Medical Care Commission

Mental Health, Commission for

Mental Health, Division of

Insurance, Department of

Home Inspector Licensure Board

Justice, Department of

Private Protective Service Board

Sheriffs' Education and Training Standards Commission

Labor, Department of

Department

Occupational Licensing Boards and Commissions

Chiropractic Examiners, Board of

Dental Examiners, Board of

Funeral Service, Board of

Social Work Certification and Licensure Board

V. RULES REVIEW COMMISSION 1841 – 1849

VI. CONTESTED CASE DECISIONS

Index to ALJ Decisions 1850 – 1860

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13

Contact List for Rulemaking Questions or Concerns

For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.

Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.

Office of Administrative Hearings

Rules Division

1711 New Hope Church Road (919) 431-3000

Raleigh, North Carolina 27609 (919) 431-3104 FAX

contact: Molly Masich, Codifier of Rules (919) 431-3071

Dana Vojtko, Publications Coordinator (919) 431-3075

Julie Edwards, Editorial Assistant (919) 431-3073

Tammara Chalmers, Editorial Assistant (919) 431-3083

Angel Chen, Editorial Assistant (919) 431-3077

Rule Review and Legal Issues

Rules Review Commission

1711 New Hope Church Road (919) 431-3000

Raleigh, North Carolina 27609 (919) 431-3104 FAX

contact: Joe DeLuca Jr., Commission Counsel (919) 431-3081

Bobby Bryan, Commission Counsel (919) 431-3079

Fiscal Notes & Economic Analysis

Office of State Budget and Management

116 West Jones Street (919) 807-4700

Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX

contact: William Crumbley, Economic Analyst (919) 807-4740

Governor’s Review

Eddie Speas

Legal Counsel to the Governor (919) 733-5811

116 West Jones Street

Raleigh, North Carolina 27603

Legislative Process Concerning Rule-making

Joint Legislative Administrative Procedure Oversight Committee

545 Legislative Office Building

300 North Salisbury Street (919) 733-2578

Raleigh, North Carolina 27611 (919) 715-5460 FAX

contact: Karen Cochrane-Brown, Staff Attorney

Jeff Hudson, Staff Attorney

County and Municipality Government Questions or Notification

NC Association of County Commissioners

215 North Dawson Street (919) 715-2893

Raleigh, North Carolina 27603

contact: Jim Blackburn

Rebecca Troutman

NC League of Municipalities (919) 715-4000

215 North Dawson Street

Raleigh, North Carolina 27603

contact: Erin L. Wynia

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13

NORTH CAROLINA REGISTER

Publication Schedule for January 2009 – December 2009

FILING DEADLINES / NOTICE OF TEXT / PERMANENT RULE / TEMPORARY RULES
Volume & issue number / Issue date / Last day for filing / Earliest date for public hearing / End of required comment
period / Deadline to submit to RRC
for review at
next meeting / Earliest Eff.
Date of
Permanent Rule / Delayed Eff. Date of
Permanent Rule
31st legislative day of the session beginning: / 270th day from publication in the Register
23:13 / 01/02/09 / 12/08/08 / 01/17/09 / 03/03/09 / 03/20/09 / 05/01/09 / 05/2010 / 09/29/09
23:14 / 01/15/09 / 12/19/08 / 01/30/09 / 03/16/09 / 03/20/09 / 05/01/09 / 05/2010 / 10/12/09
23:15 / 02/02/09 / 01/09/09 / 02/17/09 / 04/03/09 / 04/20/09 / 06/01/09 / 05/2010 / 10/30/09
23:16 / 02/16/09 / 01/26/09 / 03/03/09 / 04/17/09 / 04/20/09 / 06/01/09 / 05/2010 / 11/13/09
23:17 / 03/02/09 / 02/09/09 / 03/17/09 / 05/01/09 / 05/20/09 / 07/01/09 / 05/2010 / 11/27/09
23:18 / 03/16/09 / 02/23/09 / 03/31/09 / 05/15/09 / 05/20/09 / 07/01/09 / 05/2010 / 12/11/09
23:19 / 04/01/09 / 03/11/09 / 04/16/09 / 06/01/09 / 06/22/09 / 08/01/09 / 05/2010 / 12/27/09
23:20 / 04/15/09 / 03/24/09 / 04/30/09 / 06/15/09 / 06/22/09 / 08/01/09 / 05/2010 / 01/10/10
23:21 / 05/01/09 / 04/09/09 / 05/16/09 / 06/30/09 / 07/20/09 / 09/01/09 / 05/2010 / 01/26/10
23:22 / 05/15/09 / 04/24/09 / 05/30/09 / 07/14/09 / 07/20/09 / 09/01/09 / 05/2010 / 02/09/10
23:23 / 06/01/09 / 05/08/09 / 06/16/09 / 07/31/09 / 08/20/09 / 10/01/09 / 05/2010 / 02/26/10
23:24 / 06/15/09 / 05/22/09 / 06/30/09 / 08/14/09 / 08/20/09 / 10/01/09 / 05/2010 / 03/12/10
24:01 / 07/01/09 / 06/10/09 / 07/16/09 / 08/31/09 / 09/21/09 / 11/01/09 / 05/2010 / 03/28/10
24:02 / 07/15/09 / 06/23/09 / 07/30/09 / 09/14/09 / 09/21/09 / 11/01/09 / 05/2010 / 04/11/10
24:03 / 08/03/09 / 07/13/09 / 08/18/09 / 10/02/09 / 10/20/09 / 12/01/09 / 05/2010 / 04/30/10
24:04 / 08/17/09 / 07/27/09 / 09/01/09 / 10/16/09 / 10/20/09 / 12/01/09 / 05/2010 / 05/14/10
24:05 / 09/01/09 / 08/11/09 / 09/16/09 / 11/02/09 / 11/20/09 / 01/01/10 / 05/2010 / 05/29/10
24:06 / 09/15/09 / 08/24/09 / 09/30/09 / 11/16/09 / 11/20/09 / 01/01/10 / 05/2010 / 06/12/10
24:07 / 10/01/09 / 09/10/09 / 10/16/09 / 11/30/09 / 12/21/09 / 02/01/10 / 05/2010 / 06/28/10
24:08 / 10/15/09 / 09/24/09 / 10/30/09 / 12/14/09 / 12/21/09 / 02/01/10 / 05/2010 / 07/12/10
24:09 / 11/02/09 / 10/12/09 / 11/17/09 / 01/02/10 / 01/20/10 / 03/01/10 / 05/2010 / 07/30/10
24:10 / 11/16/09 / 10/23/09 / 12/01/09 / 01/15/10 / 01/20/10 / 03/01/10 / 05/2010 / 08/13/10
24:11 / 12/01/09 / 11/05/09 / 12/16/09 / 02/01/10 / 02/22/10 / 04/01/10 / 05/2010 / 08/28/10
24:12 / 12/15/09 / 11/20/09 / 12/30/09 / 02/15/10 / 02/22/10 / 04/01/10 / 05/2010 / 09/11/10

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13

EXECUTIVE ORDERS

EXPLANATION OF THE PUBLICATION SCHEDULE

This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.

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EXECUTIVE ORDERS

GENERAL

The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency:

(1) temporary rules;

(2) notices of rule-making proceedings;

(3) text of proposed rules;

(4) text of permanent rules approved by the Rules Review Commission;

(5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165;

(6) Executive Orders of the Governor;

(7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H;

(8) orders of the Tax Review Board issued under G.S. 105-241.2; and

(9) other information the Codifier of Rules determines to be helpful to the public.

COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday.

FILING DEADLINES

ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees.

LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees.

NOTICE OF TEXT

EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published.

END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer.

DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month.

FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-21.3, Effective date of rules.

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EXECUTIVE ORDERS

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EXECUTIVE ORDERS

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IN ADDITION

SUMMARY OF NOTICE OF

INTENT TO REDEVELOP A BROWNFIELDS PROPERTY

Canac Kitchens U.S. Limited

Pursuant to N.C.G.S. § 130A-310.34, Canac Kitchens U.S. Limited has filed with the North Carolina Department of Environment and Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Statesville, Iredell County, North Carolina. The Property consists of 28 acres and is located at 607 Meacham Road. Environmental contamination exists at the Property in soil and groundwater. Canac Kitchens U.S. Limited has been operating a cabinetry manufacturing facility on the property and intends to sell the property for redevelopment consistent with manufacturing or office uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and Canac Kitchens U.S. Limited, which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35.

The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Statesville City Clerk’s Office, 301 S. Center Street, Statesville, NC 28687 by contacting City Clerk Mary Craddock at that address or at (704) 878-3583; or at the offices of the N.C. Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 (where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents) by contacting Shirley Liggins at that address, at or at (919) 508-8411.

Written public comments may be submitted to DENR within 30 days after the date this Notice is published in a newspaper of general circulation serving the area in which the Property is located, or in the North Carolina Register, whichever is later. Written requests for a public meeting may be submitted to DENR within 21 days after the period for written public comments begins. Thus, if Canac Kitchens U.S. Limited, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the Property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public meeting regarding this project and for submitting written public comments will commence on March 3, 2009. All such comments and requests should be addressed as follows:

Mr. Bruce Nicholson

Brownfields Program Manager

Division of Waste Management

NC Department of Environment and Natural Resources

401 Oberlin Road, Suite 150

Raleigh, North Carolina 27605

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IN ADDITION

23:17 NORTH CAROLINA REGISTER MARCH 2, 2009

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IN ADDITION

Kerr Lake Regional Water System Proposed Interbasin Transfer

Kerr Lake Regional Water System (KLRWS) will hold a series of public meetings to receive comments on their request for an interbasin transfer (IBT) from the source river basin of the Roanoke River (John H. Kerr Lake) to the receiving river basins of the Tar River, Fishing Creek (subbasin to the Tar), and the Neuse River. The KLRWS currently provides water directly or indirectly to municipal and county systems in four counties and the three receiving river basins named above in northeastern North Carolina. These meetings are being held in accordance with North Carolina General Statute 143-215.22 in order to facilitate public comment and involvement in the interbasin transfer request process. This statute requires meetings in the source river basin (the Roanoke River Basin) upstream and downstream of the point of withdrawal and in each of the receiving river basins for the transfer (Tar, Fishing Creek, and Neuse River Basins).

Each public meeting will start at 4:00 pm, with a brief introductory presentation concerning the transfer request given at the start of each hour at 4:00, 5:00, and 6:00 pm. This presentation will be the same at each of the five (5) meetings. The remaining time will be available for interested parties to provide oral comments. North Carolina Division of Water Resources staff will be in attendance.

All oral statements made at the meeting will be audio recorded but will not be transcribed to prepare a written record of these proceedings. Oral comments will be given the same consideration as written comments. Persons who want to enter written comments in the record are encouraged to submit written comments no later than May 8, 2009. Based on the number of people who wish to speak, the length of oral presentations may be limited.